2025:UHC:8267 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1526/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Shubhang Dobhal, Advocate for the petitioners. 2. Mr. Dinesh Bankoti, Brief Holder for the State of Uttarakhand/ respondent nos. 1, 2, 3, 4 & 6. 3. Mr. Ashutosh Thakral, Advocate for respondent no. 5. 4. Petitioners are the children born out of the second marriage of late Ravi Lal Shah, who was serving as Chief Administrative Officer in the Office of District Magistrate, Uttarkashi, who died on 01.03.2024. 5. By means of this writ petition, petitioners have sought the following relief:- “I. Issue a Writ, Order or direction in the nature of mandamus commanding the respondents to give half share in the family pension of Late Sri Ravi Lal Shah w.e.f. March 2024 and also pay half of the amount of gratuity, GPF and leave encashment of the post retirement benefit of Late Ravi Lal Shah deposited in khata no. 30993265497 IFSC Code SBIN 005412 deposited in SBI Branch Vikas Bhawan, Ladari, District Uttarkashi in the name of respondent no. 7 as per the registered will dated 23-06-2022.” 6. Perusal of the record, however, reveals that late Ravi Lal Shah married second time while his first wife was alive and the relationship of husband and wife also subsisted between him and his first wife. 7. Learned State Counsel submits that bigamy is a serious misconduct as per the conduct rules applicable to Government employees, therefore, the services of 2025:UHC:8267 Ravi Lal Shah were liable to be dismissed on the charge of bigamy. 8. Learned counsel for the petitioners submits that since the children born out of the second marriage, contracted by late Ravi Lal Shah are legitimate, therefore, they have a rightful claim for 50% of the family pension. 9. Learned State Counsel submits that since petitioners have sought a writ of mandamus and they have also made representation to the competent authority, therefore, the competent authority be directed to look into the grievance raised by petitioners in their representation. 10. Learned counsel for the petitioners, however, submits that petitioners be permitted to make fresh representation to the competent authority. 11. Accordingly, the writ petition is disposed of with liberty to petitioners to make fresh representation to the District Magistrate concerned. If petitioners make such representation, within two weeks from today, the District Magistrate shall look into the claim staked by petitioners for family pension and pass appropriate order, as per law, within six months from the date of production of certified copy of this order. It goes without saying that the first wife of late Ravi Lal Shah and her children shall also be given opportunity of hearing while taking any decision on petitioners’ representation. (Manoj Kumar Tiwari, J.) 17.09.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da8 2a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643A F56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.09.17 17:45:22 +05'30'